THE TREASURY SOLICITOR
Matthew Parker Street London SWIH 9NN
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Telephones 01-930 7363/1124ext 87 'i'eles 917964
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j June i 975 Australiu
Date
hear Profeesor kaude
OCiliiUl XLljriijJJ PflOltimii.'iko
1. I understand that you have already been consulted about litigation tniich is in progress in the Higia Court in London and which relates to a number of
liUestions concerning the phosphates on Ocean Island, as you will, therefore, be aviare, the plaintiffs in tnese proceedings are representatives ol the Banabans and the legal action wnicn is at present being heard relates to claims by the Banabans that areas on Ocesm Island which have been worked out following
phosphate mining should be replanted with food bearing trees. The defendants to
this action are the British Phosphate Coramissioners tind (on behall of tne Crof^ni;
Her i-iajesty's Attorney—General, for 'wnom i act. ^.Ho douot you are also aware that this present action is to be followed by a further action, wnica will probably ooitmience at the beginning of October, in wnich Her majesty's
Attorney-General will be tiie only defendant; that action will be concerned witn nuestions relating to tiie royalties wnicn were paid iroai time to time to the Banabans in respect of tne phospnate mined.;
2. A problem bas arisen vfitiiin tiie last few days on which I should be most grc;.tefuj. for your urgent assistance, if you v/ould oe willing to provide tnis.
The iiiiAiner in wnich tne plaintixxs' case is being presented li'xS invoxved (^^nd is involving) a wide-ranging reiiearsal, by means of documentary information and oral evidence, of the history of the Banaban comm-unity throughout the present
century, with particular reference to the various sets of circumstances in which
tiie Britisii Phospnate Uommissioners were enabled to take possession of land onocean Isla.na for'pnospnate mining, n witness who has very recently given
evidence on these matters is nr Hotan Tito, the Jhairmjxi of the Bo.nab.in Oouncil of Le ders ''"no himself one ol ti^e plaintixfs. Part 01 ziis evidence has rel"^ted to tne events wiiicn led up to and followed the maning of an agreement, dated 10 Aoi''il 1947 between *'the Banaban Landovoxeis ol Ocean Island... end The nritisn PhosDhate Ooiimiissioners.. . in the pr-esexiCe of J? G L Holland, Administrative Officer, Piji" (th® agreement dealt with tne trnisfer of a substantial area of pxiosphate mining lana to tne aommxssioners;.
3. bosie ox tie remarks made by xxr potan, while giving iiio evidence in chief,
c-,n reasonably" be regarded as damaging to tne Grown .nid detrimental to its case in tills action; I am^enclosing pages 12-23 of the relevant transcript of
i-xr Hotan's evidence. I would draw your attention particularly to tne references
on page 16(b - p) to "forced" and "coei-ce", on page 17 to allef^ed pi-oblems of interpretation and lack ol advice, also on page 17 to discussions vfitli yourself 3xid xir (p I)) macDonald - and (especially) on page 18 (particularly G- xt) on tiie
question of the Banabans being "Irignteiied", The subsequent pxiges of tnis
enclosure show how, according to i-ir Icotan, the nifi.tter developed; pages 12 — 14 refer to a separate problem, but one of which you may have some recollection.
4. it may also oe of interest to you to see how some of these points were dealt with when I>ir hotan was cross-examined Dy hr J (1 le -^uesne, <.^0, on behalf of the Crown riid, again, pages of the relevant transcript are enclosed.
5. lir le i^uesne and his colleagues acting on behalf of the Crown have requested me to write to you with tiiis information in the hope that you will be -prepared to supply any comments or recollection.s which you are able about
these points in i-ir I-totan's evidence. If you would be willing to do tnis in the
form of a signed note or statement, this would be helpful - and (if this
should be practicable) for me to receive any such comments within tne next fortnight would be of particular assistance, as it is anticipated that the plaintiffs' evidence will then close.
6. While I apologise for the foriiiidable appear',nee of these, I am also
enclosing two of the bundles of documents vaiich are before the Court and which deal with the events of 1946 and 1947 - in case they contain material which you mignt find useful in refresning your memory. My impression is that the Bundle Hod. "59" is likely to be of much more assistance in this respect -
possibly, in particular, pages 32, 33, 36, 39 - 47, 48 (the agreement referred
to in paragraph 2 of this letter), 67 - 7>L (the "statement of intentions"referred to on page 20 of the enclosed transcript of there is a
somewhat clearer copy on page 81 of Bundle 38)j'tind- 79^ i;urther, I enclose a
copy of a Memorandum wnich yo'u yourself prepared in connection -with Banaoan
questions in. September 194d(u^ucA uj Ccu-tL^.
7. I hope that this request will not prove troublesome to you and, in any event, will greatly appreciate your giving it, and the enclosed dociiments,
some consideration.
uIiI/JaI' lours sincerely
3)
(M D INC)
assistant Treasiiry 'aolicitor
